Extradition centre stage at Supreme Court – The Lawyer
“If there is one thing the Supreme Court proved in its ruling for the banks against the Office of Fair Trading last week (The Lawyer 25 November) it is that it will not be swayed by public opinion.”
The Lawyer, 2nd December 2009
Source: www.thelawyer.com
‘Friendly fire’ court case halted – BBC News
“Lawyers for a widow whose husband was killed in a ‘friendly fire’ incident in Iraq have halted a legal challenge against the Ministry of Defence (MoD).”
BBC News, 2nd December 2009
Source: www.bbc.co.uk
Little Ted’s nursery abuse case review delayed – BBC News
“A serious case review into child abuse at Little Ted’s Nursery has been delayed until the end of March, Plymouth City Council has confirmed.”
BBC News, 2nd December 2009
Source: www.bbc.co.uk
Solicitors who took millions from miners lose appeal – BBC news
“Solicitors who took millions of pounds from compensation payouts given to sick miners have lost their appeal against being struck off for misconduct.”
BBC New, 2nd December 2009
Source: www.bbc.co.uk
Government to set up working group on libel law reform – The Guardian
“The government is to set up a working group on reforming the controversial English libel law. Lord Tunnicliffe, the Labour peer, told parliament yesterday that the justice minister, Jack Straw, intended to establish the group after a select committee report on the media is published.”
The Guardian, 2nd December 2009
Source: www.guardian.co.uk
Putting power into petitioning – Communities and Local Government
“Local people will be able to demand their councils to take action on under-performing schools and hospitals, alcohol disorder, anti-social behaviour and other concerns under new proposals to give real teeth to local petitions, announced Communities Secretary John Denham today.”
Local Government and Communities, 2nd December 2009
Source: www.communities.gov.uk
New plans will compel councils to respond to petitions – The Guardian
“New proposals unveiled by John Denham will impose on councils a duty to respond to residents’ petitions and take ‘appropriate steps’ to deal with the concerns raised by them.”
The Guardian, 2nd December 2009
Source: www.guardian.co.uk
BAILII – Recent Decisions
Court of Appeal (Civil Divison)
Novitskaya v London Borough of Brent & Anor [2009] EWCA Civ 1260 (01 December 2009)
Clifford v The Chief Constable of Hertfordshire Constabulary [2009] EWCA Civ 1259 (01 December 2009)
Smith v Smith [2009] EWCA Civ 1297 (02 December 2009)
Court of Appeal (Criminal Division)
Sangster & Ors, R v [2009] EWCA Crim 2486 (02 December 2009)
High Court (Administrative Court)
High Court (Chancery Division)
BKM Ltd v British Broadcasting Corporation [2009] EWHC 3151 (Ch) (02 December 2009)
High Court (Commercial Court)
Deutsche Bank Ag v Sebastian Holdings Inc [2009] EWHC 3069 (Comm) (01 December 2009)
High Court (Queen’s Bench Division)
Hodgson & Anor v Lipson [2009] EWHC 3111 (QB) (01 December 2009)
G & G v Wikimedia Foundation Inc [2009] EWHC 3148 (QB) (02 December 2009)
Williams v MGM Ltd [2009] EWHC 3150 (QB) (02 December 2009)
Source: www.bailii.org
Recent Statutory Instruments – OPSI
The Pensions Act 2007 (Supplementary Provisions) (No.2) Order 2009
The Local Democracy, Economic Development and Construction Act 2009 (Commencement No. 1) Order 2009
The Local Government Pension Scheme (Management and Investment of Funds) Regulations 2009
The Non-Domestic Rating Contributions (England) (Amendment) Regulations 2009
The Common Agricultural Policy Single Payment and Support Schemes Regulations 2009
The Water Resources Act 1991 (Amendment) (England and Wales) Regulations 2009
The Value Added Tax (Supplementary Charge) Order 2009
The Financial Services and Markets Act 2000 (Market Abuse) Regulations 2009
Source: www.opsi.gov.uk
Review of fees for the Lands Tribunal – Ministry of Justice
“A consultation on increases to fees for the Lands Tribunal (the Lands Chamber of the Upper Tribunal).”
Ministry of Justice, 1st December 2009
Source: www.justice.gov.uk
Written evidence on judicial fees and salaries – Ministry of Justice
“Tables showing judicial salaries and fees, following the government’s decision about the level of pay for legally qualified tribunals judiciary.”
Ministry of Justice, 1st December 2009
Source: www.justice.gov.uk
R (Barclay and others) v The Lord Chancellor and Secretary of State for Justice and others – WLR Daily
“The presence of two unelected non-voting members in the legislature of the Channel Island of Sark, which had 28 democratically elected voting members, did not contravene art 3 of the First Protocol to the European Convention for the Protection of Human Rights and Fundamental Freedoms, and alternatively, even if art 3 had required that all members be elected, was well within the margin of appreciation afforded by the article. A prohibition on aliens standing for election as members of the legislature was not incompatible with art 3.”
WLR Daily, 1st December 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Oxfam v Revenue and Customs Commissioners – WLR Daily
Oxfam v Revenue and Customs Commissioners [2009] EWHC 3078 (Ch); [2009] WLR (D) 348
“The VAT & Duties Tribunal had jurisdiction under s 83(1)(c) of the Value Added Tax Act 1994 to determine an appeal concerning recovery of input value added tax where the claim was based upon public law principles and the doctrine of legitimate expectation.”
WLR Daily, 1st December 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Secretary of State for the Environment, Food and Rural Affairs v Meier and others – WLR Daily
“Where travellers were trespassing in part of a wood owned by the claimant and threatened to go to some other wood owned by him if they were moved, an injunction to restrain such further trespass might be granted, but an order for possession in respect of other distinct woods not currently occupied by them could not be justified.”
WLR Daily, 1st December 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Regina (Barclay and Others) v The Lord Chancellor and Secretary of State for Justice and Others – Times Law Reports
Regina (Barclay and Others) v Chancellor and Secretary of State for Justice and Others
Supreme Court
“The presence of two unelected, non-voting members in the legislature of the Channel Island of Sark which had 28 voting members democratically elected by an electorate of under 500 was not incompatible with article 3 of the First Protocol to the European Convention on Human Rights, and, having regard to the constitutional history and political factors relating to Sark, was well within the margin of appreciation afforded by article 3.”
The Times, 2nd December 2009
Source: www.timesonline.co.uk
Privacy and the press: where are we now? – speech by Mr Justice Eady
“Privacy and the press: where are we now? at the Justice conference, 1st December.”
Judiciary of England and Wales, 1st December 2009
Source: www.judiciary.gov.uk
The Criminal Procedure Rules and witness attendance for magistrates – speech by Nicholas Moss, JP
“The Criminal Procedure Rules and witness attendance for magistrates’ – speech to the Magistrates’ Association Council, London on 26 November 2009.”
Judiciary of England and Wales, 1st December 2009
Source: www.judiciary.gov.uk
Software development agreement did not transfer copyright, rules High Court – OUT-LAW.com
“A company has failed in its attempt to declare itself the owner of software that it paid another company to develop. The High Court has refused to declare that copyright in the software passed to Infection Control Enterprises Ltd (ICEL).”
OUT-LAW.com, 2nd December 2009
Source: www.out-law.com